Recent Blog Posts

Warranties for Injuries in Massachusetts

By Robert I. Feinberg | Published September 11, 2015 | Posted in Personal Injury | Leave a comment

Often times in a personal injury practice we handle accidents occurring on leased or rented premises. In the past, Massachusetts courts differentiated between people who were on a property with the Courts using terms such as an invitee, licensee, and trespasser. Since the pivotal case of Mounsey v. Ellard, 363 Mass. 693 (1973) invitees and licensees have been merged into one category, those who are lawfully on the premises. The category of trespasser remains.

Housekeeping Matters at the Conclusion of Your Personal Injury Case

By Robert I. Feinberg | Published September 3, 2015 | Posted in Personal Injury | Leave a comment

This blog will discuss the issues confronting a client when his/her civil personal injury case resolves. At the outset of the representation, there should have been a discussion of fees and expenses so that there will be no surprises. This understanding should also have been memorialized in the Contingent Fee Agreement. Does the attorney expect the case expenses to be paid by the client as they are incurred or does the attorney expect reimbursement upon the conclusion of the case?

What is the Client’s Personal Story?

By Robert I. Feinberg | Published August 25, 2015 | Posted in Personal Injury | Leave a comment

There are three important factors which determine the value of my client’s case. The first two are expected but the third may surprise you. The first is liability. How did the accident or injury happen? Who was at fault? And what was the conduct of both my client and the other party? These are essential questions in determining the extent of the liability or lack thereof. The second issue is the damages. By this, we mean how badly was the client hurt and what are the longterm effects.

Should the Personal Injury Client Provide a Statement?

By Robert I. Feinberg | Published August 18, 2015 | Posted in Personal Injury | Leave a comment

I am often asked by an insurance company if my client will give a statement. This request raises a few intriguing questions. First, is my client obligated to give a statement? If it is a car accident case, the client is obligated to give a statement when seeking so-called first party benefits, i.e. PIP (Personal Injury Protection). The authority for this is contained in the auto insurance policy. It states that in the event a person is seeking payment under any provision of the policy, the insurance company has the right to take an examination under oath.

Contingent Fees in Injury Cases

By Robert I. Feinberg | Published August 4, 2015 | Posted in Personal Injury | Leave a comment

What is called the “poor man’s keys to the courthouse”? The contingent fee system. In other countries, attorneys are paid directly by the client/litigant in the form of hourly compensation. In contrast, in the United States, in personal injury actions, a client is allowed to pursue a case where the attorney will only be paid if there is a recovery. Under this system, people who might otherwise be unable to pursue a rightful claim can do so without fear that they will face a large bill at the conclusion of the case. The first part of the contingent fee system to understand is the percentage of the recovery.

The Importance of Preparation for a Deposition

By Robert I. Feinberg | Published July 28, 2015 | Posted in Personal Injury | Tagged Tags: Depositions | Leave a comment

After filing a lawsuit, discovery takes place. By this, we refer to the exchange of documents, written answers to questions (known as interrogatories) and sworn testimony to oral questions (known as depositions). There are several other elements to discovery, including depositions of record keepers as well as witnesses (as opposed to parties). When judges review cases in a Pre-trial Conference, they will invariably ask, “Is discovery complete?” Often there will be depositions that remain to be taken.

Common Misconceptions of PI Lawsuits

By Robert I. Feinberg | Published July 21, 2015 | Posted in Personal Injury | Leave a comment

Today’s blog is about common misconceptions regarding personal injury lawsuits. I have written blogs on trial practice evoking the old adage from the real estate field, “location, location, and location” in saying that trials are about “evidence, evidence, and evidence”. The pursuit of a personal injury case is at first a matter of “insurance, insurance, and insurance”, something that may surprise many. In every injury or accident case, we must know the insurance coverage of the adversary.

Wrongful Death Claims in Massachusetts

By Robert I. Feinberg | Published July 14, 2015 | Posted in Personal Injury, Wrongful Death | Leave a comment

Wrongful death claims in Massachusetts are based on Chapter 229, Section 2 of the Massachusetts General Laws statute. In this blog, I will discuss the most important details of this statute. The claim is brought by a personal representative of the decedent, referred to as an administrator/administratrix or executor/executrix.

Common Questions for Personal Injury Lawyers

By Robert I. Feinberg | Published July 7, 2015 | Posted in Personal Injury | Leave a comment

There are several questions that I am frequently asked as a personal injury attorney. The most common question is whether a client’s case will be tried or settled. Contrary to what we see on TV, most cases settle before trial. However, even if the case is settled, a lawsuit is often filed and discovery takes place. Your case could go almost to the point of a trial, but there are still many opportunities for settling prior to entering the courtroom. Mediation has become an often used tool and most litigators will consider it as an option.

Some Thoughts on Civil Cases

By Robert I. Feinberg | Published June 29, 2015 | Posted in Personal Injury | Leave a comment

Most people are aware that in criminal cases the burden of proof is “beyond a reasonable doubt”. If that were expressed in numbers it translates to about a 90% certainty that the defendant has committed the crime. But people often assume that this is also the necessary burden of proof in civil cases. This misconception has been commonly expressed in the wake of the NFL’s investigation into the New England Patriots and Tom Brady for their/his possible role in the “deflate-gate”scandal. As the press has reported, there merely needs to be a “preponderance of evidence”, making it more than a 50% chance – or “more probable than not”- that the party is liable.

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